Multistate Professional Responsibility Exam Practice Question
An attorney is representing a consumer who received settlement funds from a breach-of-service contract lawsuit. A third party claims a percentage of those funds based on a prior agreement with the client. The client demands full disbursement to them, while the third party has notified the attorney of a disagreement over ownership. Which approach best reflects the attorney’s responsibility to both parties under professional ethics guidelines?
Release the entire settlement to your client
Distribute a portion of the funds to the client while addressing the third party’s demands
Maintain the disputed portion in a trust account and distribute the remainder to the client
Forward the disputed amount to the third party and allocate the remainder to the client
When a conflict develops over ownership of settlement funds, the attorney should set aside the part that is contested in the trust account and release the remainder to the client. Placing the disputed portion in a trust account protects each party’s interest until the conflict is resolved. Distributing funds to one side without addressing the contested portion fails to safeguard entrusted property and may violate ethical responsibilities.
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